Norton v. Phelps
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. E. Stafford, Chancellor. On April 17, 1869, M. O. H. Norton & Co. filed this bill against A. J. Phelps and his wife Mary B. Phelps, formerly Vick, to subject a plantation in their possession to an account for supplies and money advanced to Henry W. Vick and Jonathan Pearce, trustee, for the plantation, Henry W. Vick, and Mary B. Vick, the cestui que trust.
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Appeal from the Chancery Court of Washington County. Hon. E. Stafford, Chancellor. On April 17, 1869, M. O. H. Norton & Co. filed this bill against A. J. Phelps and his wife Mary B. Phelps, formerly Vick, to subject a plantation in their possession to an account for supplies and money advanced to Henry W. Vick and Jonathan Pearce, trustee, for the plantation, Henry W. Vick, and Mary B. Vick, the cestui que trust. The trustee Pearce was not made a part}*- to the suit until 1870. In 1850 Sarah Vick conveyed the plantation to Pearce in trust, as indicated in the opinion. Henry W. Vick having…
1Opinion of the CourtCampbell, J.
In the case of Clopton v. Gholson, 53 Miss. 466, we announced the principles applicable to this case. These are, that persons dealing with a trustee must look to him for payment of their demands, and that, ordinarily, the creditor has no right to resort to the trust estate to enforce his demand for advances made or services rendered for the benefit of the trust estate. But while this is the rule, there are exceptions to it, and where expenditures have been made for the benefit of the trust estate, and it has not paid for them, directly or indirectly, and the estate is either indebted to the…
2Cases cited2 opinions
- Clopton v. GholsonMississippi Supreme Court · 1876
- Smith v. Natchez Steamboat Co.Mississippi Supreme Court · 1837
3Cited by18 opinions
- Hewitt v. PhelpsSupreme Court of the United States · 1882
- Gwin v. FountainMississippi Supreme Court · 1930
- Hobbs v. Board of EducationNebraska Supreme Court · 1934
- Williamson v. GriderSupreme Court of Arkansas · 1911
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
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